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Fundamentals of Criminal Investigation

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Fundamentals of Criminal Investigation FLORENCIO L. VARGAS COLLEGE College of Criminology Tuguegarao City, Cagayan FUNDAMENTALS OF CRIMINAL INVESTIGATION Armando A. Tolentino, Jr., MPA Registered Criminologist Professional Teacher [FUNDAMENTALS OF CRIMINAL INVESTIGATION] THE AUTHOR The author is a native Ilocano who hails from San Mateo, Isabela. He joined the Philippine National Police in 2007. With his present rank of Police Officer 3, he is the Admin PNCO of the Office of the Deputy Regional Director for Operation, PRO2, Camp Adduru, Tuguegarao City, Cagayan. He finished his Bachelor of Science in Industrial Education major in Industrial Arts at Technological University of the Philippines (TUP), Ermita, Manila in 2004 as Cum Laude. He is also a graduate of Bachelor of Science in Criminology at Saint Ferdinand College (SFC), Ilagan City, Isabela in 2011. He earned his Master’s Degree in Public Administration major in Project, Planning and Development Administration at the Cagayan State University (CSU), Andrews Campus, Tuguegarao City, Cagayan in 2014. He also earned 15 Units of Bachelor of Laws and Letters (LLB) at College of Law, Cagayan State University (CSU), Andrews Campus. He is a graduating student of Master of Science in Criminology at University of Cagayan Valley (UCV). His eligibilities in the government position include a Registered Criminologist, Licensure Examination for Teachers (LET) Passer and Presidential Decree 907 (Cum Laude). He also passed the NAPOLCOM Promotional Examinations, both the Police Officer and Senior Police Officer Examinations. He undergone several criminal investigation trainings and courses which include the Terrorist Crime Scene Investigation Course offered and funded by the United States, Department of State thru the Anti- Terrorism Assistance Program held at NHQ PNP Camp Crame, Quezon ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] City, and Criminal Investigation Course (CIC) conducted by Regional Investigation and Detection Management Division (RIDMD), PRO2. INTRODUCTION Crime is a major concern for many people. Indeed, for some it is the major concern in their lives. Everyday people are forced to change their lives because they were a victim of a crime or are fearful of becoming a victim. One means to make life safer is to remove criminal offenders from the streets and place them in confinement for some period of time. That is one of the major roles of the investigators. These individuals used a wide variety of techniques to identify, arrest, and subsequently assist in the prosecution of offender and to bring them (offender) to the bar of justice. Criminal investigation in its modern form is a rather recent development. In the past, crimes are solved not by scientific methods of inquiry but rather through crude and discredited means such as witchcraft, torture and other similar methods. Early 19th Century Criminologists saw the need to develop a scientific means of identifying criminals because the criminological theories are useless unless we send the right persons to jail or prisons. For instance, the classical theory of deterrence and positivist theory of rehabilitation cannot be applied to an innocent person since no amount of punishment or treatment can deter or treat an innocent person. Thus, Dr. Hans Gross, Edmund Locard and August Vollmer undertook to establish the earliest crime laboratory in the world to advance the art and science of investigation. Interestingly, a series of books published by Sir Arthur Conan Doyle features a fictional character named Sherlock Holmes as a detective who used crude scientific methods in investigating crimes long before the world has seen its first crime laboratories. Contemporary authorities in criminal ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] investigation agree that this also helped in fast-tracking the evolution of criminal investigation. Definition of Terms 1. Criminal Investigation is the collection of facts in order to accomplish the three (3) fold aims: to identify the guilty party; to locate the guilty party; and to provide evidence of his (suspect) guilt. 2. Investigation is the process of inquiring, eliciting, soliciting and getting vital information, facts, circumstances in order to establish the truth. 3. Criminal Investigator is a public safety officer who is tasked to conduct the investigation of all criminal cases as provided and embodied for under the Revised Penal Code/Criminal Laws and Special Laws which are criminal in nature. 4. Information a data gathered by the investigator from other persons including the victim himself/herself and from public record, private records and modus operandi files (style or mode of operation) 5. Interview is a simple inquiry/conversation type elicitation of information from a willing victim(s), witness (es) relevant to a certain crime/incident/event under investigation. 6. Interrogation is the skillful questioning of a hostile witness (es) and suspect(s) 7. Criminal is a person who has pronounced conviction or judgment of the offense committed coming from the court. 8. Accused is a person who has been formally charged by the prosecutor with a crime within the jurisdiction of the tribunal. 9. Serial killer is someone who murders 3 or more people with “cooling off “periods in between. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] 10. Crime Scene is venue or place where crime has been committed. 11. Venue/the locality where a crime is committed or a cause of acti on occurs. In law, the jurisdiction where trial will be held. 12. Corpus Delicti is a latin word for the body of crime, used to describe the physical or material evidence that a crime has been committed. 13. Sketch is a rough drawing or painting, often made to assist in making more finished 14. Confession is an express acknowledgement by the accused in a criminal prosecution of the truth of his guilt as to the offense charge. 15. Admission is a statement of facts not directly constituting an acknowledgement of guilt. 16. Eye-witness Testimony is the judicial or direct narration of facts by the person or persons who really witnessed how the crime was committed by the suspect(s). 17. Associate Evidence or Corroborative Evidence is additional evidence of a different character to the same point (in issue). 18. Rouges Gallery is a police collection of pictures or photographs of criminals and suspects kept for identification purposes. 19. Mug Shot is a photographic portrait taken after one is arrested. 20. Motive is a reason or cause why a person or group of persons will perpetrate a crime. 21. Instrumentality means or implement used in the commission of the crime. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] 22. Opportunity consists of the acts of omission and/or commission by a person (the victim) which enables another person or group of persons (the criminal/s) to perpetrate the crime 23. Public records refer to information gathered from records and files of the Police, other law enforcement agencies, Company records, Public Hospital records and others. 24. Private records refer to information gathered from cultivated sources such as paid informants, bartenders, taxi drivers, and vendors and from the internet such as facebook, and others. 25. Modus Operandi file refers to information gathered from a CCTV camera, witnesses, and arrested suspect/s, and from Police and other law enforcement files. 26. Informant is a person who gives information without expectation of reward. 27. Confidential Informant is a person who gives information purely for personal reason; and that his identity shall not be divulge 28. Informer is a person who gives information in return of a price or reward 29. Surveillance is the secretive and continuous watching of persons, vehicles and places or objects to obtain information concerning the activities and identities of individuals 30. Surveillant - ‘shadow” or “tail”, is a person who performs or maintains surveillance 31. Subject - a person, place or thing under surveillance 32. Convoy - is the term applied to an associate of the subject who attempts to detect surveillance ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page [FUNDAMENTALS OF CRIMINAL INVESTIGATION] 33. Stakeout - is a form of close surveillance which a particular action is expected to occur or which a wanted suspect is expected to appear 34. Cut-Out - person or device interposed between two persons or groups in order to provide communications 35. Live Drop - person who accepts information or material from an agent and surrenders it to another 36. Cover - device or stratagem by which the selected investigator conceals his identity and his relationship with the investigating agency 37. Undercover work - disguises and pretext cover and deception are used to gain the confidence of criminal suspects 38. Arrest- the taking of a person into custody in order that he may be bound to answer for the commission of an offense. 39. Search- an examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contrabands or some evidence of guilt to be used in the prosecution of a criminal action. 40. Seizure- the confiscation of personal property by virtue of a search warrant issued for the purpose. 41. Warrant of Arrest- an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court. 42. A search warrant- an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. ARMANDO ANGEL TOLENTINO, JR., MPA, RCRIM Page s i r t o l e n s [FUNDAMENTALS OF CRIMINAL INVESTIGATION] 43. Felony - an act or omission in violation of the Revised Penal Code 44.
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